Legal Considerations for Student Publications Taking Issue Legal Considerations for Student Publications

Journalism Standards: Introduction Schools are sued more over yearbooks than over anything else. I expect the adherence to the highest standards of journalism & ethics. Communicate with administrators and myself if you EVER question the content of something.

Basics of Student Publication Rights Part 1 Basics of Student Publication Rights

Student Journalist Guidelines Students on the yearbook staff should follow important legal and ethical guidelines. Fairness: All reporting must be fair and unbiased. The yearbook should not be used as a platform for YOUR personal views. Both sides of a story should be told. Accuracy: All names, quotes, and information (including anything submitted by non-staffers) should be checked carefully. Good Taste: The yearbook should be free of questionable material, such as: racist or sexist remarks, crude humor, inside jokes, cruel remarks, and glamorizing illegal activities.

Legal Rights of Student Publications Legal decisions have affected students’ freedom of speech in school publications. Tinker vs. Des Moines (1969) Background (1965): Three Iowa teens wore black armbands to school in protest of the Vietnam War. The district had a policy banning protest armbands. The students were asked to remove the armbands. They refused, and all three were suspended. A law suit was filed, claiming the students 1st amendment rights had been violated. Results (1969): In Tinker vs. Des Moines, the Supreme Court ruled that First Amendment Rights didn’t stop at the schoolhouse gate. However, schools can restrict freedom of expression if it disrupts class work.

Legal Rights of Student Publications Legal decisions have affected students’ freedom of speech in school publications. Hazelwood vs. Kuhlmeier (1988) Background (1985): The principal at Hazelwood High School (Missouri) decided to pull an article from the school’s newspaper on teen pregnancy because he believed it was poorly researched, did not protect the identities of the students, and was biased. The author of the article sued, claiming her 1st amendment rights had been violated. Results (1988): In Hazelwood vs. Kuhlmeier, the Supreme Court determined that student publications were part of the school curriculum and granted administrators “editorial control” & prior restraint over things that are considered unsuitable.

What the Legal Decisions Mean to You (In English) Prior Restraint = an administrator has the right to final control over student publications, including the right to censor a student publication. The Hazelwood decision does not require administrators to censor student publications. It merely gives them the right to do so. The principal has the right to review ANY page before publication and to censor any content deemed unsuitable. Unsuitable = Ungrammatical, poorly written, inadequately researched, prejudiced, vulgar, profane, sexual activity, advocating/glamorizing illegal activities, racist or sexist remarks, etc.

What Speech Is NOT Covered by First Amendment Rights Part 2 What Speech Is NOT Covered by First Amendment Rights

What Is not Protected under the First Amendment? Libel = a false printed statement that attacks a person’s name and/or reputation. A person’s reputation is a valuable asset that is legally protected. A libelous statement . . . harms a person’s good name brings about public contempt or disgrace damages a person’s reputation in the community. Yearbook staffs have to be on guard by reviewing ALL copy and photos for libel. For each photo and copy block, ask the question, “Could anyone consider this to be an attack on a person’s reputation or good name?” Superlatives & gag captions can be libelous. Humor is no defense for libel.

Basic Elements of Libel Published: To be libelous, a statement must be published (words or pictures). A personal letter cannot libel a person. The yearbook is not private or personal. We are a published work!!! Identifiable: To be libelous, an individual must be identifiable. Even if a person’s name is not used, if even a small group of people can identify the person, the statement can be considered libelous. Injury: To be libelous, an individual’s reputation must be damaged. A statement is libelous even if the damage is done among a small group.

Basic Elements of Libel Fact: To be libelous, a statement must be found to be false. A statement of opinion cannot be libelous. However it is not enough to label a statement as opinion. If a statement can be proven true or false, it is a factual statement. If false, the statement can be libelous. Fault: To be libelous, a statement must disregard the truth. Fault is reckless disregard of the truth and/or not adequately verifying story content. If a private figure brings a libel suit, he/she has to prove that the writer did not carefully verify the accuracy of the information. If a public figure brings a libel suit, he/she has to prove that the writer knew the information was false or acted in reckless disregard of the truth. NO ONE in this school is a public figure. So you must be extra careful!! Both the writer and the editor, even if they are minors, can be considered responsible for libel and can be sued in a libel case.

What Is not Protected under the First Amendment? Invasion of Privacy = when someone’s rights to keep comments and activities private is violated. Private Space = an area in which someone can reasonably expect privacy (ex. bathroom, locker room, home) Public Space = an area in which a person cannot reasonably expect privacy (ex. hallways, lunchroom, auditorium, other public places)

5 Elements of Invasion of Privacy Intrusion: Unwelcome entry into private areas (ex. locker rooms, restrooms, private homes). If someone is in a public area, they are fair game. Classrooms are a grey area. Classrooms are deemed public if the photographer has been given permission to photograph from a school official (principal or teacher). Get the teacher’s permission to take photographs! For extra protection, let the students know you are taking pictures for the yearbook. Right of Publicity: Unauthorized use of someone’s name or image in a publication. Quoting without consent can be invasion of privacy. Quoting third party can be invasion of privacy without proper consent. Obtain release forms for any advertising purposes to avoid right of publicity violation Minors cannot give permission! You must get their parent’s permission.

5 Elements of Invasion of Privacy False Light: True information that is presented to imply something false. Private Information: Publishing private and/or embarrassing information (ex. school reports, grades, & medical records) Obscenity: anything community standards deem sexually arousing, offensive, and inappropriate. School-sponsored publications typically have higher/more conservative standards.

Part 3 Copyright Violation

Copyright Violation Copyright = the set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute, and adapt the work. Copyright covers literature, music, lyrics, plays, choreography, pictures, photos, art, graphics, movies, audio/visual works. Copyright does not cover titles, phrases, procedures, processes, systems, works of U.S. government. Must have written permission to print copyrighted materials in yearbooks. Public Domain = work whose copyright has expired author’s work: 70 years after death works for hire: 95 years after date of first publication Fair Use = portions of work not in Public Domain

Copyright Considerations Song Lyrics: use a limited number of lines with proper credit given. Poetry: use of brief portion that is not a substantial part of the poem. Give proper credit. Book, Song, Movie Titles: not “copyrightable” since insufficiently unoriginal. Cartoon, TV, Movie Characters: may be copyrighted by original creator. Games: copyrighted and trademarked. Cannot be used without permission. Currency: As long as it lacks detail. Internet: form of publishing and thus falls under copyright protection. Disney: Do not use ANYTHING by Disney. They fiercely guard their copyrights and WILL sue you if you violate it!!!

Trademarks Trademark = a word, name, symbol, device or combination of the above used to identify a product. Trademarks cover logos, designs, slogans, themes, phrases, images, etc. Trademarks cannot be used for any commercial purposes. Cannot use “themes” or “phrases” from commercial products to sell yearbook or as a theme without written permission. Any use of trademark that confuses original quality, representation, affiliation or sponsorship & dilutes/tarnishes image of mark considered in violation.